NAEEM AHMED Vs. SHEEBA MEHFOOZ

JUDGEMENT

(1.) The present appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (the CPC), has been filed by the appellant/plaintiff challenging the order dtd. 19/10/2024 in CS No. 3294/2024 on the file of learned District Judge-07, South-East District, Saket Courts, Delhi, whereby his application filed under Order XXIX Rule 1 and 2 CPC has been dismissed. The parties in this appeal shall be referred to as described in the original proceedings.

(2.) Brief facts as alleged by the plaintiff are as follows:

(3.) The learned counsel for the plaintiff submitted that till the lis is pending the subject matter of the suit required to be preserved and hence the trial court went wrong in dismissing his application. It was also submitted that if constructions etc. are carried out in the property, it would adversely affect the interest of the plaintiff in the suit property and hence it is absolutely necessary to pass an order of status quo and directing the defendant not to make any constructions or create any third party interest in the property. 3.1 On the other hand, it was submitted by learned counsel for the defendant that the impugned order suffers from no infirmity calling for an interference by this Court.